Judge: Christian R. Gullon, Case: KC062546, Date: 2025-05-20 Tentative Ruling
Case Number: KC062546 Hearing Date: May 20, 2025 Dept: O
Tentative Ruling
MOTION FOR AN ORDER
APPOINTING THE CLERK OF THE COURT AS AN ELISOR TO EXECUTE
DOCUMENTS ON BEHALF OF FUJIKO SUZUKI is GRANTED. (A proposed
order has been filed.)
Discussion
According
to the motion (and taken verbatim), this action stems from occurrences in 2007.
Thomas Lee (“Judgment Creditor”) started attending a church operated by Tony
Ing (“Ing”). Ing, who held himself out as an investment banker, convinced
Judgment Creditor to invest $1,000,000 in currency trading. Ing also convinced
Judgment Creditor to make other transfers to him. Some of the funds were used
by Ing to purchase 18295 Aguiro Street, Rowland Heights, California 91748
(“Property”) the title of which was held under the name of Fujiko Suzuki
(“Suzuki”), a member of Ing’s church. When Judgment Creditor learned that he
had been defrauded, he filed the instant action against Ing and Suzuki. On
January 13, 2014, this Court signed and entered Judgment (and later a Corrected
Judgment) in favor of Judgment Creditor, which provided in pertinent part that
“A constructive trust shall be placed over the parcel of real property located
at 18295 Aguiro Street, Rowland Heights, CA 91748 and SUZUKI is ordered to
transfer full and complete title to said property to LEE forthwith.” (Motion p.
3.)
But
for the past 11 years, Suzuki has failed and refused to carry out the court’s
orders. With that, the plaintiff/creditor seeks the appointment of an elisor
pursuant to California Code of Civil Procedure § 128(a)(4) to sign over the
property. “[A]n elisor is a
person appointed by the court to perform functions like the execution of a deed
or document. [internal citation omitted]. A court typically appoints an elisor
to sign documents on behalf of a recalcitrant party in order to effectuate its
judgments or orders, where the party refuses to execute such documents.” (Blueberry
Properties, LLC v. Chow (2014) 230 Cal.App.4th 1017, 1020.) In Blueberry Properties, LLC, the parties entered into a settlement
agreement where the defendant agreed to transfer her property to the plaintiff.
After the defendant failed to comply with the court's judgment and the
settlement agreement by refusing to execute escrow documents, the appellate
court held that the trial court properly exercised its power under CCP section
128, subdivision (a)(4) to appoint the clerk as an elisor. (Id. at p. 1021.)
Here,
there is a similar situation as Suzuki has been recalcitrant in conveying the
title of the property to Judgment Creditor.
Conclusion
Based on the foregoing, the motion is GRANTED.